PARAMESWAR PANDA Vs. ADIKANDA PANDA

JUDGEMENT

(1.) THE moot question which needs determination in this Writ Petition is whether a person who is not a party to a suit but has purchased certain property after the preliminary decree was passed in the suit for partition can be impleaded as a party in the final decree proceeding.

(2.) THE short facts of the case are that the present Opp. Party No. 1 had filed title Suit No. 12 of 1990 for partition in the Court of the Civil Judge (S.D.), Balasore. Judgment and preliminary were passed in the suit on 16.11.1992 and 28.11.1992 respectively declaring the shares of the plaintiff and the defendants. Since the parties could not amicably partition the property as per the preliminary decree, the plaintiff initiated final decree proceeding. While the matter stood thus, the present petitioner claiming to have purchased some land from Anadi Panda, a co -sharer (original defendant No. 1, since deceased) by a registered sale deed dated 6.1.1995 filed an application in the final decree proceeding with a prayer before the Court below to direct the survey -knowing commissioner to allot the land purchased by him in his favour. He also filed another petition under Order 1, Rule 10(2), CPC to implead him as a party to the final decree proceeding. The prayer of the petitioner having been rejected, the present Writ Petition has been filed.

(3.) IN support of his contention, Mr. Misra relied upon the decision of this Court in the case of Debendra V. Umakanta, AIR 1988 Orissa 11, and submitted that the events happening subsequent to the preliminary decree can also be taken into consideration and decided at the stage of final decree proceeding. He also relied upon another decision of this Court in the case of Jamal Mohammad V. Saukat, 74 (1992), CLT 962, and submitted that the Court even has the suo motu power to implead parties for final adjudication of the inter se disputes. According to him, the Court below has acted illegally and with material irregularity in rejecting the petition filed by the petitioner, who has purchased the share of one of the co -sharers in whose favour the land purchased by him had been allotted, to be impleaded as a party to the final decree proceeding.